California v. Zamora

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A jury convicted Richard Zamora of one count each of attempted murder, assault with a deadly weapon (handgun), robbery, and criminal threats. He was convicted on two counts of being a felon in possession of a firearm. In a bifurcated proceeding, the court found true that Zamora had served four prior prison terms, had been convicted of three prior serious felonies, and had suffered three prior serious or violent felony convictions under the “Three Strikes” law. Two of the prison priors were reduced to misdemeanors and stricken, and a third was stricken for falling outside of the five-year rule. Zamora was sentenced to state prison for an aggregate term of 20 years, plus 100 years to life. Zamora appealed the attempted murder conviction, contending that there was insufficient evidence to support the finding that he had the specific intent to kill. He further contended one of the serious felony priors must be stricken and that the case should be remanded for resentencing under Senate Bills Nos. 620 and 1393 to permit the trial court to exercise its newly granted discretion as to whether to strike the firearm enhancements and to strike or dismiss the remaining serious felony conviction enhancements. The State conceded the points about the serious felony prior and the enhancements. The Court of Appeal affirmed the conviction and remanded for resentencing. View "California v. Zamora" on Justia Law